Obama Administration Denies Samsung Request to Veto ITC Import Ban

The Obama Administration has denied Samsung's request to veto an import ban ordered by the ITC, reports Bloomberg. The administration vetoed a ban against Apple devices in August.

“After carefully weighing policy considerations, including the impact on consumers and competition, advice from agencies, and information from interested parties, I have decided to allow” the import ban to proceed, Obama’s designee, U.S. Trade Representative Michael Froman, said in a statement.

Samsung wanted the ban overturned on public policy grounds, especially considering that its ban against Apple devices was vetoed. The company must now seek a delay in the ban from a U.S. appeals court.

The Samsung devices banned infringe on two Apple patents, one that covers a multitouch feature and one for a sensor for headphone jacks. In contrast, Samsung’s ban against Apple devices covered a basic device function, the ability to transmit data that was part of a standard used across platforms. Thus, the Obama Administration cited its position that standard essential patents should not be used to block competition and overturned the ban on those grounds.

“The order expressly states that these devices and any other Samsung electronic media devices incorporating the approved design-around technologies are not covered,” Froman said. “Thus, I do not believe that concerns with regard to enforcement related to the scope of the order, in this case, provide a policy basis for disapproving it.”

Basically, Samsung was requesting for the import ban to be vetoed, like what the Obama administration did for Apple. But they denied it because Samsung was infringing on 2 patents while on Apple's part, they were using standard essential patents.